Section 119 of Title 23, United States Code, was amended by the Intermodal Surface Transportation Efficiency Act of 1991 to provide specific Federal-aid fund eligibility for preventive maintenance on Interstate highways.

We consider preventive maintenance to include roadway activities such as joint repair, pavement patching, shoulder repair, and restoration of drainage systems, and bridge activities such as crack sealing, joint repair, seismic retrofit, scour countermeasures, and painting. Such work is eligible for Federal-aid participation where the work is determined to be cost-effective for preserving the pavement and bridge structure and extending the pavement and bridge life to at least achieve the design life of the facility.

Due to the nature of preventive maintenance type work, the Division Administrator may approve a request to advance this type of project on Interstate highways without including safety or geometric enhancements, but with the understanding that appropriate safety and geometric enhancements will be an integral part of future 3R/4R projects. This approach may also be applied to minor work the Division Administrator considers eligible for Federal-aid funding. Preventive maintenance or minor work items shall not degrade any existing safety or geometric aspects of the facility.